Missouri § 281.037 - Certified noncommercial applicator's license, when required — application for license, examination, fee — scope of license — records to be kept — display of license — change of address, notice.

§ 281.037. Certified noncommercial applicator's license, when required — application for license, examination, fee — scope of license — records to be kept — display of license — change of address, notice.

1.  Any individual who is not certified pursuant to section 281.035, 281.040, or 281.045 shall not use, or supervise the use of, any restricted use pesticide without a certified noncommercial applicator license.  A certified noncommercial applicator shall not use, or supervise the use of, any restricted use pesticide for any purpose unless the certified noncommercial applicator has demonstrated the certified noncommercial applicator's competence to use pesticides for that purpose by being certified by the director in the proper certification category.

2.  No certified noncommercial applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified noncommercial applicator or the certified noncommercial applicator's employer unless such individual is licensed as a noncertified RUP applicator while working under the direct supervision of a certified noncommercial applicator so authorizing, directing, or instructing, in which case the certified noncommercial applicator shall be liable for any use of a restricted use pesticide by an individual operating under the certified noncommercial applicator's direct supervision.

3.  Application for a certified noncommercial applicator license shall be submitted to the director on a designated form obtained from the department.  Each application shall include such information as prescribed by the director by regulation.

4.  The director shall not issue a certified noncommercial applicator license until the applicant is certified by passing an examination provided by the director to demonstrate to the director the applicant's competence and knowledge of the proper use of pesticides under the classifications for which the applicant has applied, and the applicant's knowledge of the standards prescribed by regulations for the certification of noncommercial applicators.

5.  If the director finds the applicant qualified to use restricted use pesticides in the classification for which the applicant has applied, the director shall issue a certified noncommercial applicator license limited to the applicator categories in which the applicant is certified.  The license shall expire one year from the date of issuance unless the license has been revoked or suspended prior thereto by the director for cause.  The director may limit the license of the applicant to the use of certain restricted use pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified.  If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons therefor.

6.  The director may renew any certified noncommercial applicator license under the classification for which the license is issued upon successful completion of approved recertification training or reexamination for additional knowledge that may be required to apply pesticides safely and properly.

7.  The director shall collect a fee of thirty-five dollars for each certified noncommercial applicator license issued.

8.  Any certified noncommercial applicator may use, or supervise the use of, restricted use pesticides only to or on lands or structures owned, leased or rented by the certified noncommercial applicator or the certified noncommercial applicator's employer.

9.  The director shall require the certified noncommercial applicator or the certified noncommercial applicator's employer to maintain records with respect to applications of restricted use pesticides.  Any relevant information that the director may deem necessary may be required by regulation.  Such records shall be kept for a period of three years from the date of the application of the pesticide to which such records refer, and the director shall, upon request in writing, be furnished with a copy of such records by any certified noncommercial applicator or the certified noncommercial applicator's employer.

10.  Every certified noncommercial applicator shall display the certified noncommercial applicator's license in a prominent place at the site, location, or office from which the certified noncommercial applicator will operate as a certified noncommercial applicator; that place, location, or office being at the address printed on the license.

11.  Every certified noncommercial applicator who changes the address from which the certified noncommercial applicator will operate as a certified noncommercial applicator shall immediately notify the director.  The director shall immediately issue a revised license upon which shall be printed the changed address.  The director shall not collect a fee for the issuance of a revised license.  The expiration date of the revised license shall be the same as the expiration date for the original license.

­­--------

(L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2019 S.B. 133, A.L. 2021 H.B. 476 merged with S.B. 26)

Effective 1-01-25, see § 281.102

---- end of effective  01 Jan 2025 ----

use this link to bookmark section  281.037